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HomeMy WebLinkAboutOrdinance - 79-43 - Regulating Parking Vehicles/Designating Prohibited Parking - 11/20/1979 11/6/79 Revised 11/28/79 RAP CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Ordinance No. 79_ 41 = AN ORDINANCE PROVIDING REGULATIONS PROHIBITING THE PARKING OF VEHICLES AND TO AUTHORIZE THE DESIGNATION OF AREAS WHERE PARKING IS PROHIBITED AND THE ORDERING AND PLACING OF SIGNS RELATIVE THERETO. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this Ordin- ance, the terms "vehicle" and " trailer" shall have those i meanings as defined in Minnesota Statutes S169 . 01, and "recreational equipment" shall have that meaning as defined in Minnesota Statutes §168. 011. Section 2 . Parking Regulations . Subdivision 1. No person shall park any vehicle: (a) On any public street in any one place for a longer continuous period than 24 hours , provided this subsection shall not apply to a vehicle operated by a physician on an emergency call . (b) On any public street or alley in the City of Eden Prairie , after a snowfall of at least two inches (211 ) , until such street or alley has been plowed and the snow removed to the curb line. (c) On any public street for the purpose of dis- playing it for sale . (d) In any area where temporary signs are posted reading "No Parking - Police Order" as long as such signs are in place and have been posted at the order of the Director of Public Safety. (e) In a platted residential district, except when unloading or loading or rendering a service, if the vehicle is : i -2- (i) Licensed with a commercial license and rated at more than one ton capacity; or t (ii) A commercial trailer; or (iii) Is designed, used or maintained for the towing of other motor vehicles or equipment. r r (f) In any area affected by or the subject of any sign erected pursuant to Section 3 of this ° . Ordinance , except emergency vehicles respond- ing to calls for service. (g) In any private driveway or on private property without the direct or implied consent of the } owner or person in lawful possession of such property. i (h) On a public street or alley or in any City park- ing area or any shopping center parking lot or 4 any apartment building parking lot without securing the ignition so that it may not then s be started by another. Provided , however , that public road maintenance or public safety emergency equipment, which by its nature is difficult to restart, may be kept running if the vehicle is secured and locked so as to prevent access to its driving controls by the public. If the ignition is secured by a key , such person shall remove the key from the vehicle. (i) On any parking lot within the City that does not conform to the stall or position for park- ing designated on the surface of the parking area or in any area of any such parking lot which has been designated or is used for a lane for moving traffic so as to interfere with the movement of traffic thereon. Subdivision 2 . No person shall park any trailer or recreational equipment on a public street in any one place for a longer continuous period than 24 hours. -3- a Subdivision 3 . No person shall park more than one commercially licensed vehicle on or adjacent to a lot in a platted residential district at any time , except when loading or unloading or rendering a service. The term "platted" as used in this Sec- tion 2 shall include, in addition to lands within duly recorded plats , lands within recorded regis- tered land surveys and auditors ' subdivisions . Subdivision 4 . The Director of Public Safety or City Engineer may post signs at any entrance to a private parking lot from a public street, which shall designate one-way traffic for entrance or exit, and the driver of any vehicle entering or leaving any such lot shall comply with any such sign. j Subdivision 5. This section shall not apply to the driver of a school bus stopped for the purpose of receiving or discharging any school child or school children, provided the bus is equipped and ' identified as provided in M. S . §169. 44 and is f c displaying the flashing red lamps and stop arm required thereon. 5 Section 3 . No Parking Signs . Whenever the owner or per- son, who is in lawful possession of property used for or in connection with commercial or industrial purposes, is required by ordinance, by the conditions precedent or appli- cable to the issuance of a use or occupancy permit, or by order of the State Fire Marshal , Fire Chief, or the Direc- tor of Public Safety to maintain driveways , access lanes , or other areas unobstructed by parked or stopped vehicles for the purpose of insuring access or egress for police, fire and emergency vehicles, the owner or person in lawful possession of such property shall place or cause to be placed a sign or { signs and paint curbing yellow as follows : -4- V (1) A sign or signs shall be placed at appropriate locations under the supervision of the State Fire Marshal, Fire Chief, or the Director of Public Safety. (2) Any such sign shall be placed in such a posi- tion that it is visible to anyone attempting to use the way, lane or area for parking, and shall state: "No Stopping or Parking" or "No Parking - Fire Lane - By Order of (name of authorized person issuing order) (3) Any such sign shall be permanent and nonportable, except when a temporary sign is approved by written order of the State Fire Marshal , Fire Chief , or the Director of Public Safety . Such sign shall not be smaller than 18 inches by 12 inches and shall be white with red lettering. (4) At the entrance to a business or an establish- meet where any such sign has been placed as set forth in this section , exception may be made for persons who discharge passengers from their vehicles at such an entrance. ( 5) All curbing which borders on or is adjacent to any such way, lane or area shall be painted yellow as directed by the Fire Marshal , Fire Chief, or the s Director of Public Safety . t t Section 4 . Liability of Owner. In any prosecution charg- ing a violation of this Ordinance, proof that the particular vehicle described in the complaint was parked in violation of this Ordinance, together with proof that the defendant named i in the complaint or citation was at the time of such parking { the registered owner of such vehicle , shall constitute prima facie evidence that the registered owner of such vehicle was I the person who parked or placed such vehicle at the point where such violation occurred. -5- Section 5 . Offenses . Failure to obey the above Parking Regulations shall constitute a petty misdemeanor. Failure of a property owner or person in lawful possession of property to place or post and maintain such sians and yellow curbing as described and authorized in Section 3 is a misdemeanor. 7 3 6 Section 6 . Penalty. Any person violating Section 2 of this Ordinance shall be guilty of a petty misdemeanor and shall be punished by a fine not to exceed $100.00 . Any per- son violating Section 3 of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 . 00 or imprisonment in the County Jail for a period not to exceed ninety (90) days, or both fine and imprisonment, but in either case the costs of prosecution may be added. FIRST READ at a regular meeting of the Council of the City of Eden Prairie this 20thday of November 1979 and finally read, adopted and ordered published at a regular meeting of the Council of said City this 4th day of December , 1979. �� - olfgang denzel - Mayor AT STD} 4ohn D. Frane - City Clerk PUBLISHED in the Eden Prairie News on the loth day of January 1980. t Isla Official PobWygoo) CITY OF MEN PRAII&M "EN' ''°INAN MUMMY*P O. "�°�' Affidavit of Publication ORDA"ANCE NO.il�1i AN ORDINMM MWVUMG RaKIVLATIMS"0- HISITTNG T=VIMMAVC,4 OF V6 aU&AND TO AUTHORIZ%. WR D9111IGNATIlO(�f�,A1F� ARFAS WHERE PA*XWG IS PR O II4G AND PLACINGG OF BItiNB'1tQ.ATiV6 TIWAtETO. THE C[lY COEWiCli. OF TIM CMV OF EDEN PRAIRIE ORDAM AS FOLL ft; Section L DeftaOW& For the plorposes Of this Or• dinawe,the tie =llvaldole"aaM.*%iiiler"shall have those IneantnY,f as tip isk:fOrnmata Qtliadea State of Minnesota fla.01,and"recnpiltianai egriplaevites ab&H have that nuaning as deeftned in Uhmesota Statutes i}OL011. ss. Seeaalt>t. + No, County of Hennepin suhdiviaioR i.No,person shall pp t any vehicle: tY (a)on aipr pltW&tlfteet in wM ere place ter a longer oor4btuous,.,Vtprl9d•lAW!!hours,VVdded this subser atOtaII apply pe vehicle opieratad by!a pltyalcian Stan Ro l f s r u d being duly sworn,on oath says he is and during (b)Q& Wed Or al WyAn the City of Eden all the time herein sWled has been the publisher and printer of the newspaper known as Eclen ''mine News and has full fie' of 4t �(r.),� knowledge of the facts herein stated as follows. (1 r Satd newspaper is printed m the English language to newspaper format hop�hdfaat�l! +x y he�� and to column and sheet form equivalent in printed space to at least 900 square inches. 2)Said newspaper is a weekly (e)ORa it llltl�Oet�r d°tomlaying and is distributed at least once a week. i 3 i Said news paper has 5096 of it,news columns devoted to news of local interest it for salsf- s to the community which it purports to serve and does not wholly duplicate any other publication and is not made up (d)Ian 'iiaa where aigtla'jft poetatl entirely of patents,plate matter and advertisements. t 41 Said newspaper is circulated in and near the municipality which Tt+ead4lg"No.Barkft=PA9016W aC as lopit as such it purports to serve,has at least EW copies regularly delivered to paying subscribers,ha;-an average of at least 75%of its aeee �and Int hauls biass mhs,poated at the older of total circulation currently paid or no more than three ont in arrears and has entry as second-class matter in its local hetol IIYb11c1 post-office. 5 1 Said newspaper purportsto serve the City of Eden Prairie in the County of Hennepin and it has its known (0-Ir a afted district.,e=eelrt Whits office of issue in the Citv of Paden Prairie in said county,established and open during its regular business hours for the oribpdfnQ�or t6aservioe-Ifftwab} gathering of news, sate of advertisernenLv and sale of subscriptions and maintained by the managing officer of said - d Heetee and rated at newspaper,persuns in its employ and subject to his direction and control during all such regular business hours and at �(1)Lieeoatel�wttY a wPuch said newspaper is printed. i 6 i Said newspaper files a copy of each issue immediately with the State Historical nuira thaaaiar,on t� Society.17 t Said newspaper has complied with all the foregoing;conditions for at least one year preceding the day or dates (il)A of publication mentioned below ;8 i Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, (1U)� 10adforthetowingor 1976 and each January 1 thereafter an affidavit in the forni prescribed by the Secretary of State and signed by the otlter managing officer of said news a(!)�� � 1 ��� � g k p psi and sworn to before notary puhhc stating that the newspaper is a Legal newspaper, a'"'"�t nttralal He.further states on oath that the print l ea led 9 J? r hereto attached as a part T hereof was cut from the: colurnn_v of said newspaper,and was printed and publtshed therein in the English language, once each week, for one successive weeks; that it was first so published on Thu rs . the 17 day of January 1,80 and was thereafter prutte•d and published on every to . including the day of 19 and that the following is a printed copy of the lower case alphabet i149S from A to Z,both inclusive.and is hereby acknowledged as being the size and kind of type used in the cornposition and publication of said notice,to wit abcdefghi jklrnnopgrstuvwxyz � � 7 i' Subscribed and sworn to before rnr the ,/ / day of <1lll►N'NI'NI N+'�'�'INIINy.�� � CYN HIA A. Not_DEN ,• �riw��Atirli, Z { .i NOTARY afav i"" i ;: - MINNESOTq Notary public.L CountyINVHD ,Minnesu CARVE:R COUNTY My Con-anission Expires �i� �1J 19k' Oct 28. t9B8 IV'IJN�!r p�♦N��,N,�,, bb£b-Sbb 7suo1j „4ono1 OJ)x3„ ino i, `aedO34e4S